[Cites 5, Cited by 0]
Madhya Pradesh High Court
Saddam vs The State Of Madhya Pradesh on 3 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:3416
1 MCRC-1089-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 3 rd OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 1089 of 2026
SADDAM
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Palash Choudhary - Advocate for the applicant.
Shri Ayushyaman Choudhary GA for the State.
ORDER
1. This first application has been filed by applicant under 483 of
Bharatiya Nagarik Suraksha Sanhita 2023 for grant of bail in connection with
Crime No. 156 of 2020 registered at Police Station - Jaora City, District- Ratlam
(M.P.) for offence punishable under Section(s) 8/15, 25 and 29 of the NDPS Act.
The applicant is in judicial custody since 10.12.2025.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
4 . Learned counsel for the applicant, in addition to the grounds
mentioned in the application, submits that the applicant has been falsely
implicated in this matter, merely on basis of information given by co-accused
Rais in police custody that Saddam was his associate in transportation of
narcotic contraband, which is not admissible in evidence in view of the
law laid down in the cases of Deepak Bhai Vs. State of Gujarat reported in
NEUTRAL CITATION NO. 2026:MPHC-IND:3416
2 MCRC-1089-2026
(2020) 2 SCC (Cri.) and Tofan Singh Vs State of Tamil Nadu reported in
(2021) 4 SCC 1. No incriminating material, much less, narcotic contraband
was seized from the active, immediate and conscious possession of the
applicant. The applicant was not aware of the prosecution. No prosecution
witness has been seen the applicant escaping from the spot of seizure. No
money trail is available to show the complicity of the applicant in the alleged
offence. The final report has been submitted on completion of investigation.
There is no likelihood of tampering with evidence by the applicant. Jail
incarceration is causing hardship to the applicant. Applicant is ready to co-
operate in the trial.
5 . Per contra, learned counsel for the State opposes the application
on the ground of gravity of alleged offence. However, after going through
the case diary, he fairly states that no criminal antecedent is reported against
the applicant. Applicant is aged around 34 years. He is agriculturist by
profession.
6. As per the accusation on case diary, co-accused Rais was
intercepted with narcotic contraband poppy-straw, total quantity 100 kg by
police force of Police Station - Jaora City, Ratlam on 21/07/2020 while
transporting the narcotic contraband. During investigation, Rais informed
that Saddam (applicant) was his associate for transportation of the alleged
narcotic contraband. Accordingly, Saddam was arrested on 10/12/2025. He is
in custody ever since. The final report was submitted on completion of
investigation. Though the call detail report shows presence of the applicant
along with other co-accused in same vicinity, but no money trail or
NEUTRAL CITATION NO. 2026:MPHC-IND:3416
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transcript of communication showing complicity of the applicant in the
alleged offence is available. The contentions advanced by the applicant have
prima-facie merit and cannot be dismissed as manifestly baseless. In absence
of specific incriminating material, this Court is of the considered opinion that
the interdict contained under Section 37(1)(b) of the NDPS Act would not
operate against the applicant.
7. As informed, the applicant has family responsibility of aged
parents. Considering these aspects, there appears to be no possibility of
fleeing from justice. In absence of any criminal antecedent, considering the
socio-economic status of the applicant, there appears to be no likelihood of
recidivism or tampering with evidence or influencing the witnesses by the
applicant. There appears to be no compelling reason to continue
incarceration of the applicant. However, the observations, herein-above, are
recorded for present application only.
8. Considering the rival contentions and overall circumstances of the
case, in the light of aforestated facts, but without commenting on the merits,
this Court is inclined to release the applicant on bail. Thus, the application is
allowed.
9 . Accordingly, it is directed that applicant- Saddam shall be
released on bail in connection with Crime, as mentioned in first paragraph of
this order, upon furnishing a personal bond in the sum of Rs.75,000/-(Rupees
Seventy Five Thousand only) with one surety of the same amount to the
satisfaction of the trial Court, for compliance with the following conditions :
(For convenience of understanding by accused and surety, the conditions of
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4 MCRC-1089-2026
bail are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed by the concerned court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा ।
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the
Court or to the police officer;
(3) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन, धमक या वचन
नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को कट करने से िनवा रत हो
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or
threaten the witness;
(4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या सा य को बहलाने-
फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गा ।
(5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C./346 of
Bharatiya Nagarik Suraksha Sanhita, 2023 regarding examination of witnesses in attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६ भारतीय नाग रक
सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।
10. This order shall be effective till the end of trial. However, in case
of breach of any of the preconditions of bail, the trial Court may consider, on
merit, cancellation of bail without any impediment of this order.
11. The trial Court shall get these conditions reproduced on the
personal bond by the accused and on surety bond by the surety concerned. If
any of them is unable to write, the scribe shall certify that he/she had
explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
amol
